The Theory Of Perfect Criminal Legislation Of Our Country's Criminal Assaulting A Police Officer

The main purpose of writing this article is to call for relevant departments will soon to perfect our assaulting police criminal legislation-add assaulting police.To establish the harmonious society is a great mission and aim in China.The conflict between the police and the demos is one of the huge obstructions in the course of building the harmonious society.There would be not society,orders and protection for citizens’ interests in country without the police,let alone its development.However anyone attacks the police means that the authority of country is being challenged,that the harmfulness to society congnition is more serious than the common crime does. Karl-Marx said that the authority of an insignificant police in a civilized country is more powerful than that of all the organs held in a clan society.What a matter in police-attacking is that it challenges the authority and brings great demage to the whole country.In recent years,along with the creasing violence against the police,more and more police were injured or killed,which is seriously concerned by both scholars and practitioners. A lot of experts think much of the phenomenon. Early in 2003,some deputies to the National people’s Congress proposed setting up "attacking police",in the Criminal Code of PRC.It’s great urgent to perfect the criminal legislation against the violence against the police.Hence this article has evidently great value from both theoretic and practical point of view.The author analyzed the situation and cause of attacking poliee,also drew lessons from legislation and its operation in other countries.Then the writer demonstrated the neeessity and feasibility of setting up "attaeking police,in the Criminal Code of PRC.This artiele is divided into four parts,with about thirty thousand words in total.Part 1:The analyses of the situation and cause of attacking police.It’s major conern is the neeessity of setting up"Police attacking.Along with the violence against the police increasing, the number of policemen being killed inereases dozens of times compared with situation if a few of years ago.The sanction violent attack towards police is based on item 2 and 3 section 277 of the China Criminal Code of PRC.And the policeman is considered to an ordinary national public servant, which eonsequently paying no attention to the particularity of the police’job. Therefore,the present law could not give enough protection to the police whose interests are infringed while the criminals received less punishment than they deserved.Only by perfecting the criminal law should we crack down on the violence against the police.Based on the discussion above, it’s significant to study on "police-attacking".Part 2:The analyses of the supportive and opponent opinions on setting up the police-attaeking.In this part, the author tells us a great variety opinion on setting up the police-attacking,from the theoretic and practical points of views.By analyzing these views, the author rationalizes the setting up the police-attacking.It should be emphasized that we must do away with a false cognition that restraint on the police’s power doesn’t mean protcetion for human rights.There are different kinds of things between cracking down on violence against the police and the weight of police’s power.Part 3:Draw lesson from countermeasures against the attacking police from the comparative points of views,and the theoretical analysis.It’s also about demonstrating the neeessity and feasibility of setting up "police-attacking".In author’s opinion,compare with the legislation on interference with the exereise of public functions in other countries,ours is simpler and the punishment is lighter.In the seeond half of this part,the author seareh support for setting up the police-attacking from existing theory of law.The author tried to analyze and justify from the perspective of jurisprudence、constitution administrative law and criminal law.Part 4:Legislation proposal on setting up "police-attacking" in the Criminal law of PRC. According to this problem the author made legislative design——Setting up "police-attacking" indepedently in the section "crime of disrupting the order of social" of China Criminal Code of PRC. Write the concept of "police-attacking" and how to deal with the difference between the "police- attacking" and the "crime of disrupting public service".